The Sun. — London, England, 1810-05-19 00:00:00

leges of- the CoMmons .of England. Those p . m. ceedings were ressted, and resented by the House of Commons ; were condemned by the Whole Legis lature, as utterly and directly contrary to the knoivn laws and statutes and freedom of this realm, and 'led directly to the declaration of the-Bill 'of Rights, sc That the freedom of speech, and .debates or proceedings in Parliament, ought not •to be im peached or questioned in any Court or place out of Parliament ;"—and your Committee have no hesi tation in stating, that this article iu the- Bill of Rights extends as clearly to actions or indiEtments brought, or prosecutions by individuals, as to infor mations or other proceedings directly instituted by the authority of the Crown. • The law of Parliament on•this subje&, so far as relates to words spoken in Parliament, was legisla tively declared in a statute to be found in the Par _lament roll of the 4th of Henry VIII. By that Act the rights Gird privileges of free speech in- Rona ment are established, and a special action is given in fav - onr of the party injured by any action brought against him for words spoken in Parliament. And, from this statutejt appears that Parliament, at that time, ,wbe ri p the case Occurred, _which 'seemed to screw the expediency of legislative provisiOn to give fuller force and protection to its privileges, made it the subject of such provisions. In the.sth of Charles I. an information was filed against Sir J. .Elliot, Denzel Holles, Esq. and Benjamin Valentine,, for their speeches and conduct in the House of Commons;. judgment was giveti egain.t them in the King's Bench, they were sene i t need i.npri.ontnent; and were fined : In the Parliament 'which met in 1649, the House of Com-, IMYIS-; atter a report made of the state of the cases of. Mr. Holles and the rest of the imprisoned Mem bets, in the 3d of Charles, came to several resolu flons ; by which they resol- ed, that these proceed ings were against the law and privilege of Parlia ment ; and condemned the authors' and actors in them, as persons guilty of a breach of the privilege of Parliament. In-the reign of Charles 11. these proceedings were again taken into - consideration ; and the House of Commons came to several Resolutions. On the 12th of November 1667, they resolved, That the Act of Parliament--in the 4th year of ahe • reign - of Henry. VIII. above referred to„is a declaratory - law of the ancient and neeessary . Rights -and Privileges of Par liament.. On the 23d of November 1667, they re solved, That the judgment above referred to against Sir J.. Elliott, D. 'Holies, and B. Valentine, Es , quires, in the King's Bench, was an illegal judg ment ; and on the 7th December. 1667, they de sired the concurrence of the . Lnrds. ' The Lords, on the 12th of December, agreed with the 'Com mons in these votes Your Committee next refer to the . case of Sir William Williams ; the detail of which they pro ceed to'insert from the report of a former Commit tee of this House. $ The case of Sir William Williams, Against whom, after tire dissolution of - the Parliament held at Oxford, an information was brought by the At torney-General, in the King's Bench, in Trin. Term. 36 Car. 2, for a misdemeanour, for haying printed the information against Thomas Danger field, Nshich he had ordered to be, printed when he was Speaker,- by order of the House. Judgment passed against Mini on this information, in the se cond year of King James the Second. This pro - seeding the Convention Parliament deemed so great a grievance and so high an infringement on the rights of Parliament, that it appears to your Com mittee to be the principal, if not the sole object, of the first part of the eighth head of the tneaus used by King James to suh.ert the laws and liberties, of this kingdom, as set forth in the declaratioh, of the two Houses_ which will appear evident from the account given in the Journal, Bth February 1688, (4f the forming of that declaration, the eighth head of which was at first conceived in these words, vklelicet, !‘ By causing informations to he brought and prosecuted in the Court of King's Bench, for natters and causes cognizable only in Parliament, and by divers other arbitrary and illegal courses." 11th February, 1688.—T0 this article the Lords disagreed ; and gave for a reason, 'because they do not fully apprehend what, is meant by it, nor what instances there have been of it ; which, therefOre, they delire - may be explained, if the House shall think fit to .insist farther on it." 12th February, 1688.—" The House disagree with the Lords in their amendment of 'leaving out, the Bth Article. But in r e sp e Ct t o th e lib er ty g i ven by the Lords in explaining that matter ; Resolved, That the words do stand in this manner; by pro secutions in the Court of King's Bench fur matters Tnd causes cognizable only in Parliament, and by divers other arbitrary and illegal courses.' By 'which amendment,. your Committee observes; that the House" adapted t he' Article more correctly to the case M they had iu yievy ;' tor the information was filed in 4(ing Charles rite Second's time; but the prosecu tion was carried on, and judgment obtained, in the second year of King Jaynes." Thar the meaning of the • House, should. be made More evident to the Lords, the House-o►der ed, ‘! That Sit William Williams be added to the uanagers of theconlerence ; and Sir William Wit- hams - 11 W same day reports the - conference witlithe Lords; and, " That , their -Lordships . had adopt e d the article in the IA ords as amended by the Com mons." And corresponding to this article of griev ance, is the assertion of the right Of the subjett, 'in the ninth article of the declaratory part of the Bill of tights, viz. " That the freedom and debates, Or proceedings in Parliament ought not to be impeach ! pci or questioned in any court or place ow of Par.. liannent." To which may be added, the latter-part of th e sixth' resolution of the excepti ons .to be made in the Bill of Indemnity, Journal, vol.-x. p. 146,, wherein, after reciting the surrender of charters, and the vio tning the rights aa freedoms of eleaions, &c. it proceeds in these words":--i“ And the questioning the proceedings of Parliament, out of Parliament, by declaratiOns, informations, or otherwise, are .... ne f rFs for which some. persons tray be justly ex vejiteci out of the Bill of Indemnity." On the ft ili of 'June, Iog, the House ordered, ‘,‘, That She #ccoyd§ of the Court of King's Bench, elating to the proceedings against Will'ani Williams, so. now Sir William Williams, Kilt. and iart. late ~ , , 'j ; The private accounts from Portugal all concur in stating, that a general expectation was entertained that an action would very shortly take place On the frontiers, in consequence of Lord WELLINGTON having advanced- towards the French. We are, we confess, rather inclined to doubt the probability of a battle, for, after the experience which the French have obtained, they will not, we are convinced, risk an action without such a superiority of numbers as would render vidoxy almost certain; dnd under those circumstances the British General- of course would not engage them. Mr. GRATTAN yesterday brought forward hii mo tion for referring the Petitions of the Cathol►cs of Ireland to a Conitnittee. Sir J. HIPPESLEY followed Mr. GRATTAN, and the debate was then adjourned till Thursday next. His ,MAJESTY and Princesses AUGUSTA and SO- P.HI A did not ride out yesterday morning, 'owing, it is supposed, to Princess AMELIA'S ill health. Yesterday morning the Prince of WALES arrived at Windsor, and after waiting on their MAJESTIES, went to Princess MILLIA's house; to pat' her a viiit ; as did also the Dukes of CAMBRIDGE and CUMBER LAND. .TIie.PRINcE ceturned again, and left town at eight o'clock in the evening, for Windsor. Extract from a Privii'e • Leiter, Bath, `fly 17 " This peaceable city was night into the greatest confusion by th.• Mi-ndip Local Militia, who an- here on permanent duty; ro:itmand ed by Colonel R•igers.' Some dispute . arose be , weep the Officers and men respecting the marching gui nea, as they term it ;' a dedu.tioit was made from it for trowsers, whichtthe men objected to, and some of them refusing to obey the word of command; were taken up and pu: into the city gaol. About eight o'clock in th e evenivg the privates them in a large body, advanced to the Rrison, broke open the doors, liberated their comrades, and carded them off in triumph; several of the Officers were ill treated for endeavouring to suppress the riot." Thursday Morning, eleven o'clock.—" The Lan cashire Militia are this moment artite,d from Bris tol. Two troops of horse are expected in the course of the day. . Afternoon, hatrpast four.—" As our Post-office ' closes at five, I have only to add, that all is quiet at present." HANOVER-SQUARE.--Mr. BAdTLEMAN had last night his Annual Concert at this place, and the high merits of his professional a:al private character were manifest in so crowded a room, that many persons could not find a seat. The Concert consisted of one of the most judicious and agreeable selections which we have witnessed through the whole of the sea son, and was most ably supported by - Mrs. Bit- LINGTON, HARRISON, Mrs. BIANCHI, and ~..RARTLE• 'MAN. The whole concluded with " God save the King," which Mrs. BILLINGTON sung with great animation, admirably seconded by BAIITLEMAN, the whole of the audience standing during the time, and venting their feelings in loyal acclamation. MUSIC.—The second of the series of Concerts, under the diredion of Mrs. BILLINGTON, NALD/r and BRAHAM ; took plac e on Thursday night, at WlLLis's Rooms. There was a much, more nume rous company than on the former night, the flaw ral consequence of the reputation which a Concert, }supported by such powerful talents, must have ex-- cited. Mrs. BILLINGTON clikfly distinguished her' self in a fine air by NASOLINI, purposely adapted la 'her great talents. NA LOS 'displayed great humour, as well ,as taste and science, in an air, accom a nied . by himself on th e pi ano f orte, A new song, by AT. worm, was c h arm i ng l y sung by BRAHAM. Mrs. ASHE, Miss H UGHES , B ELLAAIY, and other respea " able performers, a dd e d to the general . treat, and Mrs. FERR ARI di s pl aye d admirable skillin a piano : forte concert o . • A most barba rous an d s h ocking murder was com mitted at Anne s l ey••green, Bucks, on fluirsday last. at the hous e o f P eter Lloyd Tatchetn, Esq. on the person of Ab ra h am H unt, who, with his wife, was, left in care of th e house. Whilst the old man an p woman were getting their suppers, at about half ,past eight o'clock in the evening, some person rapped at the door, and on Hunt opening it, two meat forced themselves into the room, and knocked MO down. They immediately set about ransacking tha house, having bound the old people; but not bein# able to gain access into the study they again went_ below, and demanded admittance of Hunt. The co man, stunned by a blow he had already received, 0 10 not quick in his answer, when the villains beat his head in piece; in the presence of his wife: TheY then left the house, and took' with them plate , and Other articles, to the amount of iOtal. Th e poor 1k otnan remained faster,ed to a set of drawer s until ten o'clock the next morning, when she W discovered in a state of insensibility. BON -STREET.--We are concerned to state, do lt Mr. Gustard, the woollen-draper, of Red tord.:streetA Covent-garden, who was lately robbed of cloth, to the amount of t,4001. the particulars of which-hW been fully stated, has been again robbed by his shop" man, of several pieces of cloth,:Which was discovered by his droppi ng some rawnbrekers ' duplicateo in kitchen, a - hich, on being taken to thepawnbroker proved to be for some cloth belonging to Mr. GL' s lard, which w as p l e d ge d w i t h the shopman's grea t coat '; in consequence of which lie apprehended b/ Adkins.' Yesterday, •he underwent art examina tion before Mr NARES, and was committed for Inv ther examination. Two men, who have for some time past been LI; tering Not e s b e l o n g i ng to a Country Bank whic, lately stopped-pay ment, were yesterday examine'', and committed for further examination. SHIP NEWS. CRAVISEND; MAY 16. Arrived—the Rosa, Ware, from Malta. Sailed—the George, Davidson, lor Halifax. MAX ;7. Arrived —the Bows, Dickson, from Trinidad . l Perseverance, Arnold, from Lisbon ; Wan s t ea d, Mor t o n, ,from Jamaica; an d the Zephyr, Williams, fr om M a rtini:l° e . Sailed - the Di ana , P enson, for Antigua ; and the iVier, cury, Frampton, for Oporto. MAv 18. Arrived—the Borogos, Vitund, Courier de L°ll ' .. dres, Silver, and L or d Nelson, Phillips, from the Brazilsi. Governor ;Milner, Hays, from larnaica ; Eliza Ann. A 6 re)' and Isabella, Li nco l n , f rom Lisbon ; Fanny., Jackson. t Nan cy, Bermeil, Thomas, 1341, George Baron, and Aiel" r, Collins, for Oporto. BIRTI-is On the zd inst. in Arlington-street, Lady Milton, ° I. Daughter. On Tuesday last, at his h ouse i n Gl oucester-p l ac e, t he ' Lady of Captain Hopkins, of a Son On Thursday last, at Egglesfield- House, near the Lady of the R ev . J o h n M orris; of a still born child- „ a Lately, at Thames Ditton, in Surrey, th e L a dy of kav va ,f Taylor, Esq. o n e o f the Representatives fo r CatiterbutY, a Son. rentford, MAR R ICED, On Thursday, at St. James's Church, _Robert Mil ler ' Esq. of York- street, St. janies's-squ are , to Miss Bo wil '' e ''r ton, of Uppe r Berkelay-stroet, eortman.square, dJug h" of the late Colonel lionington. Colone l Lately, the third d aughter o f Mrs. Jordan, to C o lo Hawker, of the 14th Light Dragooni. hf Last week, George Gipps, Esq. M P. f or The Bc'r ° "' a Ripon, to gane,"youivst daughter of J o h n 13 o wdler, L' of Hayes, in Kent. NAVAL NEWS Speaker of this House, be brought into this House, by the Custos Brevium of the said Court, 'on Thurs day morning next." On the 1 eth of July, " the Record was read ; and the House, thereupon Resolved, That the judg ment given in the Court of King's Bench, in Easter term, 2 Jac. 2di. against William Williams, Esq. Speaker of the_ House of Commons in the Patlia ment held at Westminster 25111 October, 32 Car; 2di. for matter done by order of the House of Com mons, and as Speaker thereof, is an illegal judg ment, and against the freedom of Parliament. ' " Resolved, , That a-bill be brought in to reverse . . the said judgment." This bill was twice read, but went no further in that session similar bill was in the follow- . ing session ordered . to be brought in ; an d a . thi r d bill passed the Commons in 1695, and was sent up to the House of Lords, but did not proceed there to a second. reading. • • • It appears further, that on the 4th.of June, 1629, " a petition of John Topham, ,Esq. was read, set— ting forth, that he, being aSerjeant at Arms, and II attending the House in the years 1679 and 1680, when several orders were made, and direoled the Petitioner, for the taking into his custody the several liersons of Sir Charles Neal, &c. &c. and others, for several. misdemeanours by them com mitted, in breach of the privileges of the House ; and atter that the Commons were dissolved, the said persons being resolved to ruin the Petitioner, did, in Hilary Term, the 33d or 34th of King Charles, sue the Petitioner in the King's Bench in several thions of trespass, / battery, and false i m p t i sonment ; f or taking and. detaining them as.aforesaid ; to which actions the Petitioner pleaded to the jurisdiction of the Court the said several orders; but such his plea was over-ruled ; the then Judges ruling the Petitioner to plead in chief,' and thereupon he pleaded the orders in bar to the action : notwith- - standing. which, plea and others, the then Judges gave judgment against him," &c, UpOir the Report from the Committee of Privi leges and Elections, to , whom this. petition of J. Topham was referred, the House resolved, That this - Howse cloth agree with the Committee, that the , judgment given by the Court of King's Bench, Easier Term, 34 Car. 11. Regis, upon the plea of Joim , Topham, at : the suit of John Jay„ to the juris diction of that Court ; and also .the judgments given against the said Mr. Topham, at the suit of Samuel Verdun, &c. are illegal, and a violation of the privileges of Parliament, and pernicious to the rights of Parliament.",- Whereupon it was ordered, " That - Sir Francis Pemberton, Sir Thomas Jones, and Sir Francis Wythens, do attend this House on Wednesday morning next." " In Consequence of this order, Sir Francis Pem berton and Sir Thomas Jones, who had been two of the Judges of . the Conn of King's Bench at ,Fite time when the judgment was passed, were heard in their defence, and afterwards committed. to the Serjeant at Arms, fo'r. their breach of the privileges of this FlQuse, by giving judgment to over-rule the plea to the jurisdiction of the Coutt of King's Bench.". PonTsuourti, MAY 18.—Came in last night hi s Majesty's ship Goshawk, from Oporto, which place she left on the gth inst. ; brings an account of envoy to sail from thence for England on the 15th. Arrived his Majesty's ships Meteor, from Cadiz, and the Hope and Thracian from the East Ward. Sailed his Majesty's ships Ganymede and Linnet, with the whole of the outward bound that put back yestt;rday for. the Mediterranean, with a fine breeze to tile Eastward. PLYMOUTH, MAY 17.—Sailed his Majesty's ship : //enus, with a convoy to the Eastward, viz. Ann, W ALFoRi); Alpha, HUTTON ; Catharine, BROWN ; .George; LOGGAN ; Prospect, SPENCE ; Christopher, RUNDLE ; Ceres, -FLINT; Hero, BAXTER ; Pear Tree, SMITH ; Thalia, CLYDE ; Brilliant, WILSON; Britannia,. MAURIsON; Sibella, LOVE ; Jessica, MESS.; Mary, ROBERTS; Sally Ann, PHELPS, and Pomona; LAWSoN, for London ; the transports Sally, HAMMETT•;" Dinar, HARRIS; Achilles, DA VISON, and Aurora, WEATHERHEAD ; the Portu guese brig Donzamento Felix, Gomoz BARRATT and the Prussian Ship Florentina, DODLOF, for Ports mouth, together with several others, names un known ; also sailed his Majesty's brig Recruit to the Westward. The Venus, with her convoy, were joined off t his port by a large A►nerican' ship, and three sail of merchantmen, from the Westward, when the whole proceeded up channel. Your Committee think it proper to state, that Sir Francis Pemberton and Sir Thomas Jones, in de fending themselves at the Bar of this House for their conduct in over-ruling the plea to their juris diction in the actions of Jay v. Topharn, &c. de fended the judgnlent .they had given, by resting upon the natureof the pleading, and not by denying the jurisdiction or authority of this House ; and Sir Francis Pemberton expressly admitted, that, for any thing transacted in this Howe, no oilier Court had any jurisdiction to hear and determine it. Fro be continued.] Sailed the Morristown hired armed brig, with a convoy for Wales, consisting of the following ships, vii. Venus, LOWTHER ; Providence, DAVIES ; Phernix, TAYLOR ; Fillers, DALTON ; Birmingham, GILL; Redruih, MOYER John Stroud, WILKINS ; • Bedford, NtcnoLLs ;. and Gratitude, JENKINS ; also several, others, names unknown.; also sailed the Alfred,'AßlNE, for Bideford . ; the Endeavour,PßlCE; and Susanna, BARKER, for Swansea; the Argil,. KEEN, for LondOn ; the Nelson, DAVISON ; and May, CHAGOS, for Sunderland. Arrived his Majesty's brig Crocus from Falmouth, with the Tromp guard-ship, and a Dock-yard lighter from thence; also arrived the Serapis store-ship, from the Westward; the May Flower, of this Port, WILLIAMS, master, from Alderney, w;,:h a cargo of brandy ; the May Flower, MAY, from Cork, last from Falmouth, with a cargo of provisions for this • Port. Sailed his Majesty's Ship Arethusa to the West ward ; his Majesty's ship Valiant fur Basque Roads. Arrived his Majesty's brig Orestes fro m a cru i ze , with her prize, a Fr enc h brig privateer, of 14 guns, which she captured in the Channel some days since; also arrived the Cadmusgun-brig from Basque Roads. Put back ,his Majesty's brig Recruit.. DEAL, MAY 1 B.— S ailed the Humber and Transit, with the Hagover, Robert and Sarah ; DuNmoae, and La St. Neltune, for Portsmouth ; and Fly and Trinculo sloops of war on a erniz: , . Came down from.the River *Susannah and Atlas, and sailed to the Westward under convoy of the Apollo gun -brig. =Arrived the _Rinaldo sloop of war from Sheerness, and the Beaver sloop of war from a cruize. 11 E S UN. SOLEM QUIS DICtRE FALSUM AUDEAT? LONDON, SATURDAY, MAY 19, 1810. I SHEERNESS, MAY 16.—Sailed his Majesty's ship Rodney, Capt. BUELTON, for Plymouth. Came Down the 'liver Thames his Majesty's ship 1 Erebus, I\IAY 17.—Sailed his Majesty's brig Rinaldo. We are sorry to say, that the state of the Prin cess AmELIA's health is Rich, as to afford scarce any • hope of her recovery.--We have, however, to con tradict the report which prevailed in the coarse of yesterday, of the fital termination of her Rot al Highness's disorder. authentic accounts re ceived in town yesterday, stated, " That her Royal Highness was Much worse .then on the preceeding day, -and that no further hopes vi ere entertained:'" Sir FRANCIS MILMAN, who had disconthined visit. ing her Royal'Highness for some weeks back, re ceiv,d orders yesterday to be at Windsor at ten o'clock this morning, to attend a consultation.' Dr. Sir H. HALFmin arrived at Windsor, on Thursday night, at Princess AMELIA'S, where he slept. 1.,(),ND0N I'omM by RICHARD HARRIS, or No. 4; Mattlett-COlrt,Bow-streci; and Pu,blished by WILLIAM ARMI.GER SCRIPPS , Scith fVll3lon.s:rect, G Yens; squats, At the SUN•OFFICE, No, 112 Strand , where Advertisemeit s , O r d ers for t h e Paper, 4etteri for the Nitor,. &re. (post- z: niusi tas Addregaq. The exchange of prisoners between this country and France has already commenced on an extensive scale. , Four cartels sailed from Plymouth on Tues day evening, for Morlaix, with near 300' French prisoners on board, many of whom had been seve ral years confined in this country. These will be fol-. lowed by others, as fast as the .cartels return with our prisoners in exchange. The Lords of Trade have determined to grant licenses for the importation of grain, (with the ex ception of oats),'meal; flour, and burr-stones, from the - Emins to Diepp e , an d from Boulogne to Nantz. The ontstanding,lisences are to be in force to the 10th November. All vessels importing grain under such licenses, will be entitled to export licenses from the harbours of the United Kingdom, for the arti cles enumerated in the Jande Export Licnses, (such as foreign sugar, foreign coffee, East India prize goods, &c.) sav e an d except cotton. wool,- and the article of tin for the present, upon the exportation . of which their L or d s hip s ' d e ci s i on i s to b e comma- D.IB D. On Thursday the r o th i nst. at Wimbledon, of a rapid c° 11 .,.; nit . ated on Mond a y next . Z Sumption, universally and deeply lamented, Miss r a ther i C. BRAND LING. , E sq . Member f ol .. Newcastle, Bray s eldest d aug h t e r o f t h e iate Alichaelßray, Esq . Mr. MOR HITT, and several other Gentlemen,-w e re 21 years. She vi as possessed or an enlightened mind, 1 ; " - n - c 1 elected, on Wednesday last, Members of " LAE to h the inostriffediona h te and *lint iitsposivon. All h w- Zer.t ifr * PITT CLIJI3." The' dress usually worn by the Alvin-- na e e r s a , g a r n e d e anikstazintgy, couldtthat i thianvne"s.e.in vc ce i , a ..g a rd oi . l i c ia t t r u o r m e, t he i r . e , v bers on the Anniversary is, a dark blue coat, with a she would have been immortal. plain, yellow butt on , w hit e wa i stcoat, and black silk forctstreet,, On Thursday the i ph' inst. at hi s house in Hersilk Evelyn Shirley, Esq. of.E , atington, in the County u. breeches, with th e cl u b me d a l on t h e l e f t b reast. wick. • . TO CORRESPONDENTS, We have many apologies to make to our Correspondents for delaying their respedive CoMmunications, but we shall pay them all' due attention when opportukiity will permit, We have been favoured with an original Poem of Dr. fouNsolv, in his own hand-writing, which we shall endeavour to present to our Re a ders on Monday. MAILS. AitikivEn—s Waterford. tiuE-IGottenburglt, i Dublin, I Waterford. PRICE OF STOCKS THIS DAY AT TWSLVII O'CLOCK. - - - I Red. Ann.. - Consols 6 94 ~~ ": I I. it I ( h , 11 it -~~ .h C vi ; ti c ati ini do / 37